JALAN CASTINGS ALIASPVT ALIAS LTD Vs. CENTRAL EXCISE AND GOLD ALIASCONTROLALIAS APPELLATE TRIBUNAL ALIASCEGATALIAS NEW DELHI

JUDGEMENT

(1.) R. B. Misra, J. By this writ petition under Article 226 of the Constitution of India the petitioner has sought a suitable writ order or direction quashing the order dated 11-1-2000 passed in Appeal No. F/2373/2000/nb [db] and E/2406/2000 and for suitable directions to respondent No. 1 to hear and decide the above appeal on merits.

(2.) HEARD Sri S. N. Verma, learned Senior Advocate with Pankaj Bhatia for the petitioner and learned Standing Counsel for the respondents and with the consent of the parties, this petition is decided finally at this stage under Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.

(3.) IT has been contended on behalf of the petitioner that the orders dated 8-1-2001/11-1-2001 of learned Tribunal has been passed in utter disregard and in the teeth of the order dated 28-11-2000 of this Court, whereby directions were given to decide the appeals in question on merits. The respondents had neither preferred review before this Court or appeal before Supreme Court against the above order dated 28-11-2000 therefore, the learned Tribunal without making any comments on the order dated 22- 5-2000 was to follow order dated 28-11-2000.